HomeMy WebLinkAboutM101585October 15, 1985
Call to order - Board of Supervisors roam, County Administration
Building, 25 County Center Drive, Oroville.
Pledge of allegiance to the Flag of the United States of America.
Present: Supervisors Oolan, McInturf, McLaughlin, Wheeler and
Chairman Fulton; Martin d. Nichols, chief administrative officer;
Harvey Wallace, county counsel; and Rubye Townsley, deputy clerk
of the Board.
85 633 Additional items from Board members to be addressed at the end
of the day.
1. Supervisor Wheeler - report on visit of State Water COmm15510n
to Butte County.
2. Supervisor Wheeler - request for a letter of appreciation
to President Reagan in the matter of the recent hijacking
incident.
85~-634 Items removed from the Consent Agenda:
{40)
1. Approval of minutes.
2. Butte County Detention Facility/Minimum Security Dormitory -
kitchen equipment - bids have been opened for kitchen equipment
at the new facility with the low bidder being Bail & Schafer
Metal Products, Inc., of San Francisco, in the amount of
$60,230:
3. Contract Change Order Ho. 2 - Butte County Detention
Facility/Minimum Security Dormitory - the change order in
the increasing amount of $2,221.59 provides for electrical,
HVAC and plumbing changes necessary as a result of the kitchen
equipment bid.
Page 157
October 15, 1985
85-634
(Cont'd) 4. 1985-86 nursing services contract - a revenue contract has
been prepared with the Butte County Superintendent of Schools
Office in the amount of $20,000 which provides for the Public
Health Department to provide nursing services in selected
school districts and schools within the county.
5. Advance step hiring - the Personnel Director requests
authorization to recruit up the the "E" Step of the range
for the position of chief deputy treasurer.
6. Palermo Senior Citizens Club - writes concerning difficulties
in obtaining liability insurance coverage as required by the
lease agreement with their organization.
7. American Lung Association, Chico - forwards information
concerning the need for smoking control legislation in Butte
County.
85-635 Consent Agenda
1. Budget transfers. APPROVED BUDGET TRANSFERS B-37, B-38, B-39,
B-4O, B-44, 8-45 AND B-46.
2. Guy Rents, Inc., et a7 - proposed negative declaration and
rezone from C-7 (light commercial) to M-1 (light industrial)
for property located at the southeast corner of W. 8th Avenue
and Highway 32, identified as AP 43-19-07, Chico (File 85-58).
CANCELED HEARING PREVIOUSLY SET FOR NOVEMBER 5, 1985 AND
RESET THE HEARING FOR NOVEMBER 19, 7985 AT 11:00 A.M.
3. Dennis Goslin - use permit {item on which a negative declaration
regarding environmental impact has been recommended) to allow
a ceramic studio as a school on property zoned S-H (scenic
highway) located on the north side of Humboldt Avenue, 175 feet
west of ET Monte Avenue, identified as AP 46-26-213, Chico.
SET HEARING DATE FOR NOUEMBER 19, 1985 AT 71:30 A.M.
4. Doug Dauterman - abandonment of bike path right-ofµway and
drainage easement, Guynn Bridge Court, south of Guynn Bridge
Court, T50 feet east of Guynn Avenue, Chico area. ADOPTED
RESOLUTION 85-162 SETTING HEARING DATE FOR NOVEMBER 19, 1985
AT 11:45 A.M.
Page 158
October 15, 1985
85-635
(Cont'd) 5. Thermalita Irrigation District - proposed negative declaration
regarding environmental impact, General Plan amendment from
public to foothill area residential and rezone from P-Q
(public quasi-public} to FR-2O (foothill recreational 2O acre
parcels) for property located on the south side of Concow
Road, approximately two miles north of Jordan Hi71 Road at
the south end of Concow Reservoir in the Concow area, identified
as AP 58-T6-04 and 58-77-01. SET HEARING DATE FOR NOVEMBER 19,
1985 AT 2:00 P.M.
Butte County Board of Supervisors - (previously adapted negative
declaration regarding environmental impact) amendment to the
Butte County General Plan Land Use Element to show existing
solid waste facilities an property zoned A-2 (general), M-2
(heavy industrial) and A-4O (agricultural - 40 acre parcels)
property located off Neal Road approximately 1-1/2 miles east
of Highway 99, Chico, and off Ophir Road 1-1/4 miles east
of Highway 99, identified as AP 40-12-12, l0 (ptn); 36-20-3,
15, 25-19-50 (ptn) (File 85-64). SET HEARING DATE FOR
NOVEMBER i9, 1985 AT 2:00 P.M.
7. Appointment to Paradise Cemetery District. APPOINTED
CHRISTINE F. SHELTON TO SERVE UNTIL JULY l9$8.
8. Density bonus -- Public Works has received a written request
from a developer for consideration of a density bonus pursuant
to provisions of Government Code §65915. REFERRED REQUEST
TO COUNTY COUNSEL, PLANNING DEPARTMENT, AND PUBLIC WORKS FOR
RECOMMENDATION AS TO THE MANNER IN WHICH BUTTE COUNTY WILL
COMPLY WITH REQUIREMENTS OF GOVERNMENT CODE §b5915.
9. Final map - Stonybrook Estates - the developer has provided
an irrevocable letter of credit to guarantee construction
of improvements within one year an the subdivision, AP Q7-42-45,
property located on the northeast corner of State Highway 99
and Garner Lane, Chico area. ACCEPTED DEPOSIT BY DEVELOPER
FOR TAXES OR SPECIAL ASSESSMENTS WHICH ARE A LIEN BUT NOT
YET DUE OR PAYABLE; APPROVED THE FINAL MAP; ACCEPTED EASEMENTS
AS GRANTER IN ITEMS A, B, ANA C OF THE OWNER'S CERTIFICATE
ON BEHALF OF THE PUBLIC; ACCEPTED GRANT IN FEE SIMPLE FOR
STONE VALLEY COURT, OAK RANCH LANE AND ONE-FOOT NO-ACCESS
STRIP AS OFFERED IN ITEM D OF THE OWNER'S CERTIFICATE; AND
AUTHORIZED THE CHAIRMAN TO SIGN THE SUBDIVISION AGREEMENT.
10. Gary G. Gibson - on behalf of Behram and Sylvia Saadati, files
a claim for indemnification in the matter Neil R. Daman, et al,
vs Starkey Ranch, et al, Butte County Superior Court Case
Na. 87708. REJECTED CLRIM FOR NOT BEING TIMELY FILED AND
REFERRED TO COUNSEL AND RISK MANAGEMENT.
Page 159
October 15, 1985
85-635
(Cont'd} ll. Recorder's Office cash register - the County Clerk-Recorder
requests Soard authorization to purchase a cash register
in the amount of $3,329.20 to replace a similar piece of
equipment which has been deemed unusable. Funding is from
the Recorder's System Trust Account. AUTHORIZED PURCHASE
OF FIXED ASSET.
12. Mental Health films -- the department requests the acquisition
of t+.vo fi 1ms at a cost of $1,100 as part of the department' s
drug prevention grant. Budget transfer B-36 provided the
necessary appropriation. AUTHORIZED ACQUISITION OF FILMS.
13. PEAS Contract amendment - the resolution and ordinance have
been submitted by the Public Employees' Retirement System
to implement the Memorandum of Understanding provision
permitting sick leave accruals as service time upon retirement.
ADOPTED RESOLUTION 85--163 OF INTENT AND WAIYED THE FIRST
READING OF THE ORDINANCE IMPLEMENTING THE CONTRACT CHANGE.
74. Butte County Laver Court System reorganization - a resolution
has been prepared to implement reorganization of the court
system as approved by the Board of Supervisors on October 1,
1985. ADOPTED RESOLUTION 85-164 AND AUTHORIZED THE CHAIRMAN
TO SIGN.
15. Reissuance of warrant - Frank Woodson - a request has been
received pursuant to the provisions of Government Code
§29802(c} to reissue a warrant in the amount of $29.50
resulting from jury duty service dating back to January 31,
1983. AUTHORIZED REISSUANCE OF WARRANT.
16. Status of investments - the Treasurer submits the
September 1985 report in accordance with AB 1073 and the
County's Investment Policy. ACCEPTED FOR INFORMATION.
17. Penalty abatement requests - change of ownership reports.
APPROVED THE FOLLOWING AS RECOMMENDED BY CHIEF ADMINISTRATIVE
OFFICER: MR. &. MRS. THOMAS WHITE, AP 064-19-0-035-0;
WESTLAND MORTGAGE SERVICE COMPANY, AP 039-32-0-049-0;
MS. YOLRNDA QUINTERO, AP 035-17-2-017-0; MR. & MRS.
ANTHONY PAGANO, AP 033-43-0-025-0; CHICO COMMUNITY HOSPITAL,
AP 006-24-0-024,25; MS. MARTHA C. CLAUDIO, AP 043-24-1-017-0;
MR. & MRS. WALTER CLEMENT, AP 048-19-3-013-0; MR. ROY C. GRAY,
AP 047-35-0-041-0; P9R. & MRS. SAL GRIMALDI, AP 055-12-0-057-0;
MR. & MRS. PETER MASSOLETTI, AP 048-16-0-049-0; MR. & MRS.
KEUIN McDONNELL, AP 041-11-0-116-0; MS. MARGARETTE SHELTER,
AP 033-35-0-004; MR. & MRS. WILLIAM ANDERSON,
AP 040-49-0-020-0; MR. & MRS. ERICK AYRES, AP 064-35-0-046-0,
58-0; JOHN DONNER, AP 071-01-0-074-0; MR. & t4RS. DONALD DIRKS,
AP 027-04-0-004-0. DENIED THE FOLLOWING AS RECOMMENDED BY
CHIEF ADMINISTRATIVE OFFICER: KURT NEMANIC, AP 045-37-2003-0;
DAN BOEGER, INC., AP 029098-0-009-0, 09-0-048-0, 49-0; MR.
& MRS. DEAN R. BECKETT, AP 041-09-0-042-0, 043-0, 044-0,
045-0.
Page 160
Ocotber 15, 1985
85-635
(Cont'd) T8. Execution of grant deeds - Home Purchase Assistance Program.
AUTHORIZED THE CHAIRMAN TO EXECUTE GRANT DEEDS TINDER THE
HOME PURCHASE ASSISTANCE PROGRAM UPON COMPLETION OF INSTALLMENT
SALES CONTRACT BY THE BUYER.
19. Escrow instructions - Home Purchase Assistance Program
procedures. AUTHORIZED GONNERLY & ASSOCIATES, INC., TO ISSUE
INSTRUCTIONS ON BEHALF OF THE COUNTY ON HOME PURCHASE
ASSISTANCE PROGRAM ESCROWS.
20. Adjusting and investigating service contract - a renewal
agreement has been prepared with George Hilis Company, Inc.,
to provide services to the risk management program on an
as-needed basis which will cover the period July 1, 1985
through June 30, 1986, on a payment-for-service basis (from
10/1/85). APPROVED AGREEMENT AND AUTHORIZED THE CHAIRMAN
TO SIGN.
21. Foothill Region Cooperative Groundwater Study - an agreement
has been prepared with the State Department of Water Resources
far the conduct of a cooperative groundwater study during
the period July 1, 1985 through June 30, 1988. APPROVED
AGREEMENT AND AUTHORIZED THE CHAIRMAN TO SIGN.
22. Amendment 3 _ Systems and Computer Technology Resource
Management Corporation agreement - an amendment to the SCT
agreement has been prepared in the maximum amount of $12,600
to complete and submit a cost benefit analysts and
implementation plan by October 31, 1985 as part of the
state-mandated central data base system for Welfare. The
cost of the work to be undertaken is at state expense.
APPROVED AGREEMENT AND AUTHORIZED THE CHAIRMAN TO SIGN, SUBJECT
TO APPROVAL BY COUNTY COUNSEL AND AUDITOR.
23. Forest development road cooperative agreement - Plumas National
Forest Supplement Project Agreement No. 3 has been repared
covering improvements on Concow Road {Road No. 52575A ~ Concow
Road (Road No. 52513) and Dixie Road {Road No. 6fi553) to
be performed by the Forest Service as part of timber sales.
No county funds are involved. APPROVED AGREEMENT AND
AUTHORIZED THE DIRECTOR OF PUBLIC WORKS TO SIGN ON BEHALF
OF THE COUNTY.
24. Chico Community Hospital agreement - an agreement has been
prepared with the hospital to provide emergency room services
as part of the Mental Health program and is in the amount
of $41,160 covering the period July 1, 1985 through June 30,
7986. APPROVED AGREEMENT AND AUTHORIZED THE CHAIRMAN TO
SIGN.
25. Crestwood Hospitals, Inc., dba Crestwood Manor, Modesto,
agreement - an agreement has been prepared in the amount
of $25,277 to provide residential treatment care for Butte
Gounty Mental Health patients covering the period July 1,
1985 through June 30, 1986. APPROVED AGREEMENT AND AUTHORIZED
THE CHAIRMAN TO SIGN.
Page 161
October 15, 1985
85--635
(Cont'd) 26, Crestwood Hospitals, Inc., dba Crestwood Manor, Sacramento,
agreement - an agreement has been prepared in the amount
of $22,813 to provide residential treatment services to Butte
County Mental Health patients covering the period duly 7,
1985 through June 30, 1986. APPROVED AGREEMENT AND AUTHORIZED
THE CHAIRMAN TO SIGN.
27. Head Start grant award - the Community Action Agency has
been notified of receipt of a grant award for the Head Start
Program in the amount of $22,626 for a new classroom in the
Paradise area. ACCEPTED GRANT RWARD AND AUTHORIZED THE CAA
DIRECTOR TO IMPLEMENT THE PROGRAM.
28. Employee health plan - the employee Health Plan Review
Committee submits a supplemental report regarding modifications
to the plan and claims administration procedures. ACCEPTED
THE COMMITTEE'S REPORT AND REFERRED TO THE BOARD'S HEALTH
PLAN COMMITTEE FOR REVIEW AND RECOMMENDATION.
29. LAFCo Commissioner travel - Board of Supervisors approval
is necessary to authorize out-of-county expenses for LAFCo
Commissioner Bernice StaveTey to attend the 1985 GALAFCO
Annual Conference. AUTHORIZED TRAVEL. IN THE APPROXIMATE
AMOUNT OF $500.
30. Law Library annual report ~- the Law Library Trustees forward
their resolution as required by Business and Professions
Code §6349 attaching the financial report for 1984-85 and
the report on the number of books, periodicals and other
publications in the library. ACCEPTED FOR INFORMATION.
3T. Communications.
a. Harald R. Wilsey, CoTusa - writes in support of funding
for improvement of the Oroville-Quincy Highway. ACCEPTED
FOR INFORMATION.
b. Crosby, Heafey, Roach & May - on behalf of Western Pacific
Railroad Company, Sacramento Northern Railway, and Tidewater
Southern Railway Company, file claims for tax refunds for
1981-1984 lien dates. REFERRED TO COUNTY COUNSEL.
c. Hal T. Brooks, Sheriff - submits information concerning
his planned reorganization of the department. ACCEPTED FOR
INFORMATION.
Motion: APPROVED CONSENT AGENDA.
M S
Vote: T Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Page T 62
October 15, 1985
Regular Agenda
85-636 Approval of minutes.
(99)
Motion: APPROVED MINUTES OF OCTOBER 1, 1985. ADOPTED
RESOLUTION 85-16i APPROVING INDUSTRIAL DEVELOPMENT BOND
TRANSFER ALLOCATION.
S M '
Vote: 7 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
85-637 1. Butte County Detention Facility/Minimum Security Dormitory -
(725) kitchen equipment - Bids have been opened for kitchen equipment
at the new facility with the low bidder being Ba]1 & Schafer
Metal Products, Inc., of San Francisco, in the amount of
$60,230.
2. Contract Change Order No. 2 - Butte County Detention
Facility/Minimum Security Dormitory - the change order in
the increasing amount of $2,221.59 provides for electrical,
HVAC and plumbing changes necessary as a result of the kitchen
equipment bid.
Motion: AWARDED BID AND APPROVED CHANGE ORDER.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
85-638 1985-86 nursing services contract - a revenue contract has been
(150) prepared with the Butte County Superintendent of Schools Office
in the amount of $20,000 which provides for the Public Health
Department to provide nursing services in selected school districts
and schools within the county.
Motion: APPROVED AGREEMENT AND AUTHORIZED THE CWAIRMAN TO SIGN.
5 M
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
85-639 Advance step hiring - the Personnel Director requests authorization
(174} to recruit up the the "E" Step of the range for the position of
chief deputy treasurer.
Motion: AUTHORIZED "E" STEP RECRUITMENT AND APPOINTMENT TO THE
POSITION OF CHIEF DEPUTY TREASURER.
M S
Vote: l Y 2 Y 3 Y 4 N 5 Y (Motion carried}
Page 163
October 15, 1985
85-b40 Palermo Senior Citizens Club - writes concerning difficulties
~(2$T) in obtaining liability insurance coverage as required by the lease
agreement with their organization. (SUPERVISOR McINTURF REPORTED
THAT INSURANCE HAD BEEN OBTAINED FOR THIS YEAR. NO ACTION REQUIRED
AT THIS TIME.}
85-641 American Lung Association, Chico - forwards information concerning
(310) the need for smoking control legislation in Butte County (REFERRED
TO DIRECTOR OF PUBLIC HEALTH AND COUNTY COUNSEL FOR A REPORT AND
RECOMMENDATION ON NOVEMBER T9, 1985, AT 10:15 A.M.).
85-642 Report to the Board by County Counsel concerning potential legal
(875) remedies to redress possible antitrust violations by Plumas county
and others over Orovil7e-Quincy Highway (from 10/1/85).
Motion: DIRECTED COUNTY COUNSEL TO FORWARD FINDINGS TO THE U.S.
ATTORNEY GENERAL'S OFFICE REQUESTING AN TNVESTTGATION.
AUTHORIZED SUBSEQUENT LETTER TO CONGRESSMAN CHAPPTE AND
THE TWO SENATORS AS TO THE BOARD'S ACTION, WITH CARBON
COPY TO PLUMBS COUNTY BOARD OF SllPERVISORS AND THE U.S.
FOREST SERVICE.
M S
Vote: l Y~ 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
85-643 Report by Chief Adn
{1225) Authority concerning
Motion: ADOPTED THE
S
Vote: T Y 2 Y
Recess: 9:58 a.m.
iinistrative Officer and CSAC Excess Insurance
the county's liability insurance program.
ACTION PLAN, INCLUDING REQUEST FOR PROPOSAL.
M
3 Y 4 Y 5 Y {Unanimously carried)
Reconvene: 10:17 a.m.
85-b44 Implementation of County Counsel Office reorganization.
(7758)
Motion: WAIVED THE FIRST READING OF THE ORDINANCE CREATING THE
TWO CHIEF DEPUTY COUNTY COUNSEL POSITIONS. AUTHORIZED
THE PERSONNEL DIRECTOR TO RECRUIT UP TO THE "E" STEP
OF THE RANGE FOR THE NEW POSITIONS.
S M
Vote: i Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
Page 164
October 15, 1985
Public Hearings and Timed Items
85-645 Renaming of private read - Nutbuggy Drive (Orovil7e--Chico Highway
{2450) to end} to Via Verde.
Matian: APPROVED RENAMING ROAD.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
Motion: ADOPTED RESOLUTION 85-1b5 AND AUTHORIZED THE CHAIRMAN
TO SIGN.
S M
Vote: 7 Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
85-646 1. Butte County Planning Commission - hearing for the purpose
(2527} of developing land use planning policies for the Cohasset/Forest
Ranch Planning Area Committee. Hearing is to be based upon
the report prepared by the Cohasset/Forest Ranch Planning
Area Committee an the following: water supply, wildlife and
ecology.
2. Continued hearing - Butte County Planning Commission hearing
far the purpose of developing land use planning policies for
the Cohasset/Forest Ranch Planning Area Committee. Hearing
i s to be based upon the report prepared by the Cohasset/Forest
Ranch Planning Area Committee on the fallowing: fire
protection, transportation and circulation (from 10/1/85}.
3. Continued hearing - Butte County Planning Commission hearing
for the purpose of developing land use planning policies for
the Cohasset/Forest Ranch Planning Area Committee. Hearing
is to be based upon the report prepared by the Cohasset/Forest
Ranch Planning Area Committee on the following: environmental
constraints (from 10/1/85}.
{HERRINGS CONTINUED TO NOVEMBER 5, 1985 AT 10:30 A.M. AT THAT
TIME, HEARINGS WILL BE CONTINUED TO NOVEMBER 21, 1985 RT 7:30 P.M.
AT FOREST RANCH SCHOOL.)
Regular Agenda
85-647 Report from Chief Administrative Officer and Treasurer regarding
** refinancing of county libraries.
00
Motion: AUTHORIZED TREASURER, CHIEF ADMINISTRATIVE OFFICER AND
AUDITOR TO BEGIN THE PROCESS FOR REFINANCING.
S M
Vote: i Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
Page 165
October i5, 1985
85--648 Consideration of Law Library Trustees request for funding
(295) assistance.
Motion: APPROVED FUNDING OF $10,000, A5 REQUESTED.
S M
Vote: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
85-649 Report by Welfare Director on status of In-Home Supportive Services
(IHSS) Program.
Motion: AUTHORIZED CHAIRMAN TO SIGN AND EXECUTE AMENDMENT #1
TO THE CURRENT CONTRACT WITH STAFF BUILDERS SERVICES, INC.,
AND APPROVED NEW CONTRACT WITH REMEDY HOME AND HEALTH
CARE, INC.
Vote: 1 Y
85-650 State grant -
{707) has requested
the Sacramento
from grant func
S M
2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Sheriff's boat - fixed asset - the Sheriff-Coroner
a river boat far search and rescue operations on
and Feather Rivers at an estimated cost of $25,000
is.
Motion: ADOPTED RESOLUTION 85-165A AUTHORIZING THE SHERIFF TO
SUBMIT AN APPLICATION FOR GRANT FUNDS TD PURCHASE THE
BOAT; AUTHORIZED ACQUISITION OF FIXED ASSET, IF GRANT
FUNDS ARE APPROVED, SUBJECT TO APPROVAL OF PLANS AND
SPECIFICATIONS BY THE COUNTY PURCHRSING OFFICER IN
ACCORDANCE WITH FEDERAL REGISTER SEPTEMBER 12, 1977;
DELETED THE RECOMMENDATION OF THE CHIEF ADMINISTRATIVE
OFFICER THAT THE SHERIFF FILE A STATEMENT OF POLICY ON
THE USAGE OF THE BOAT AND ESTIMATE OF CONTINUING COST
AFTER INITIAL PROCUREMENT.
Vote: 1 Y 2
85-657 Consideration of
{850} Force.
Motion: APPROVED
APPROVED
CHIEF AD1
M
Vote: 1 Y 2
M S
Y 3 Y 4 Y 5 Y {Unanimously carried)
Sheriff's request for funding of Narcotics Task
APPROPRIATION ADJUSTMENT UP TO $48,986 AND
FIXED ASSETS LISTED ON LETTER TO THE BOARD FROM
HINISTRATIVE OFFICER DATED OCTOBER 9, 1985.
S
Y 3 Y 4 Y 5 Y (Unanimously carried)
Page 166
October 15, 1985
85-652 Consideration of reinstituting deputy sheriff positions
(gg9) (Supervisor McLaughlin}.
Motion: INTRODUCED AND WAIVED FIRST READING OF AN ORDINANCE TO
ADD SEVEN DEPUTY SHERIFF POSITIONS THROUGH THIS FISCAL
YEAR.
S M
Vote: T Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
(SUPERVISOR McLAUGHLIN ExPRESSED HOPE THAT THESE POSITIONS WILL
BE USED FOR PATROL PURPOSES. COUNTY COUNSEL HARVEY WALLRCE
EMPHASIZED THAT THERE IS NO CORRELATION BETWEEN TODAY'S ACTION
AND THE PENDING LAWSUIT ON MANDATED SERVICES.)
$5-653 Schott Road improvements -- Forest Ranch area (Supervisor Wheeler).
(1411)
(SUPERVISOR McLAUGHLIN ABSENT AT THiS TIME.}
(SUPERVISOR WHEELER WILL WORK WITH THE COMMUNITY AND BRING BACK
PROPOSALS TO THE BOARD.)
Public Hearings and Timed Items
85-654 Environmental Development Inc. - proposed negative declaration
(1941) and rezone from FR-40 (faothi7l recreational - 40 acre parcels}
to FR-5 (foothill - five acre parcels} for property located on
the east side of Butte Creek, approximately 600 feet east of
Centerville Road, and 1-T/2 miTe south of HeTltawn Road, identified
as AP 5I-07124, east of Chico (Fire 54-77).
(SUPERVISOR McLAUGHLIN PRESENT AT THIS TIME.)
Motion: FOUND THAT THE REQUIREMENTS OF CEQA HAVE BEEN COMPLETED
AND CONSIDERED IN MAKING THI5 DECISION AND ADOPTED A
NEGATIVE DECLARATION. FOUND THAT THE PROJECT COMPLIES
WITH BUTTE COUNTY CODE SECTIONS 24-29 AND 24-112.1 AND
THE BUTTE COUNTY GENERAL PLAN. ADOPTED ORDINANCE 2493
REZONING TO FR-5 THAT PORTION OF AP 51-01-124 EAST OF
BUTTE CREEK.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Page T 67
October T5, 1985
85-655 Virginia Wolf, et al - appeals the Advisory Agency`s Condition
{2500) No. 2 on tentative parcel map, AP 42-15-08, two parcels, property
located on the south side of Sacramento Avenue, approximately
350 feet west of its intersection with Westmount Drive, Chico
area.
Motion: UPHELD APPEAL AND WAIVED THE CONDITION.
M S
Vate: l Y 2 Y 3 Y 4 N 5 Y (Motion carried)
Closed Session: The Board recessed at 12:12 p.m. for a lunch
break and a closed session on the following
litigation: Bach v. County of Butte; Bach v.
Gilbert, et al; Combs v. County of Butte (Green
Rock Quarries); Jones, et al v. Brooks, et al;
People v. Pavcik (Case No. CR 24721); and Ielati v.
County of Butte.
Reconvene: The Board reconvened at i:38 p.m. {SEE MINUTE
ORDER 85-657.)
85-656 Additional item.
(2830}
i. Resolution proclaiming October 20-26, 1985 as National Business
Women`s Week.
Motion: ADOPTED RESOLUTION 85-16fi.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
85-657 Report on closed session.
Motion: DIRECTED CHIEF ADMINISTRATIVE OFFICER TO PREPARE CONTRACTS
FOR DEFENSE AS FOLLOWS: (7} EACH Y. COUNTY OF
BUTTE - AUTHORIZED MR. WILLIT TO CONTINUE TO REPRESENT
THE COUNTY; (2} EACH Y. GILBERT, ET AL - AUTHORIZED CHIEF
ADMINISTRATIVE OFFICE TO CONTRACT WITH TWO ATTORNEYS,
ONE FOR JUDGE GILBERT AND ONE FOR JUDGE McNELIS, TO
REPRESENT THEM IN THE PENDING LAWSUIT RECENTLY FILED;
P,ND,(3) COMBS V. COUNTY OF SUITE (GREEN ROCK QUARRIES) -
AUTHORIZED CONTRACT WITH MR. SIEMSEN TO CONTINUE HIS
REPRESENTATION OF THE COUNTY IN THAT MATTER.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
(NO ANNOUNCEMENTS IN THE OTHER MATTERS.)
Page 168
October 15, 1985
Public Hearings and Timed Items
85-658 Recognition of persons wishing to speak.
(2981)
*** 7. Glenn Miller - comments regarding Supervisors' inspection
000 of Lake Concow.
2. Harlen Adams - regarding the Commission on Aging and
introduction of Chairman Lucille Bocks.
3. Joe Schons - comments regarding Lake Concow.
Additional item.
85-659 7. Presentation of Resolution 85-166 by Chairman Fulton to
Audrey Warner of Orovi77e Business and Professional Women's
Club.
Public Hearings and Timed Items
85-660 Continued hearing - RFC Surveyors - on behalf of Gary Jacobs,
0462) appeals the Planning Commission`s denial of rezone {proposed
negative declaration regarding environmental review) from PA-C
(planned area cluster) to S-R {suburban residential) and PUD
(planned unit development) for a 33-unit residential subdivision
and a variance by a17 residents on property located on the east
side of Alamo Avenue, 220 feet south of East Avenue, identified
as AP 42-07-38, Chico {File 85-46) {from 9/17/85).
Motion: REFERRED TO PLANNING COMMISSION AND ASKED THAT THE CONCERNS
EXPRESSED IN THE PETITION PRESENTED BE ADDRESSED IN A
PUBLIC HEARING FORMAT THAT WILL HAVE TO BE PUBLISHED.
S M
Vote: l Y 2 N 3 Y 4 Y 5 Y {Motion carried)
Recess: 2:58 p.m.
Reconvene: 3:10 p.m.
85-667 Public Hearing - consideration of formation of Rock Creek
(1895) Reclamation [}istrict.
Motion: ADOPTED RESOLUTION $5-167 ESTABLISHING BOUNDARIES OF
ROCK CREEK RECLAMATION DISTRICT AND SETTING ELECTION
OF TRUSTEES FOR ~IANUARY 75, 1986.
M S
Vote: l Y 2 Y Y 4 Y 5 Y (Unanimously carried)
Page 7 69
October 15, 1985
85-662 Butte County Planning Commission - proposed negative declaration
{2776) regarding environmental impact, General Plan amendment from high
density residential to commercial and rezone from R-4 (maximum
density residential restricted service) and S-R (suburban
residential) to either C-1 (light commercial), C-2 (general
***,~ commercial), C-C (community commercial), N-C (neighborhood
ODOR commercial) or H-C {highway commercial) for property having frontage
on East Avenue located east of Cohasset road and west of Ceres
Avenue, Chico (File 84-70 B&D).
Motion: MADE A MOTION OF INTENT TO APPROVE THE COMMERCIAL REZONE.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
85-663 NorthStar Engineering -- on behalf of Robert C. Nichols, appeals
(175} the Advisory Agency's denial of tentative parcel map (proposed
mitigated negative declaration regarding environmental impact),
AP 42-34-26, four parcels, property located on the north side
of the intersection of Guynn Avenue and Bell Road, Chico area.
Motion: GRANTED THE APPEAL, ADOPTING A MITIGATED NEGATIVE
DECLARATION, FINDING THE PARCEL MAP TN CONFORMANCE WITH
THE GENERAL PLAN, WITH CONDITIONS AS LISTED ON OCTOBER 8,
1985 MEMO FROM PUBLIC WORKS.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
85-664 NorthStar Engineering - on behalf of Robert K. Brown, appeals
(1030} the Advisory Agency's denial of tentative parcel map (proposed
mitigated negative declaration regarding environmental impact),
AP 42-OT-35, four parcels, property located on the north side
of the intersection of Muir Avenue and Bell Road, Chico area.
Motion: UPHELD THE APPEAL, OVERTURNING THE DENIAL OF THE TENTATIVE
PARCEL MAP; ADOPTED R MITIGATED NEGATIVE DECLARATION,
FINDING THE PARCEL IN CONFORMANCE WITH THE GENERAL PLAN,
WITH CONDITIONS AS OUTLINED IN OCTOBER 8, 1985 MEMD FROM
PUBLIC WORKS.
M S
Vote: i Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
85-665 Butte County Planning Commission - proposed negative declaration
regarding environmental impact, General Plan amendment from high
density residential to commercial and rezone from R-4 (maximum
density residential restricted service} and S-R (suburban
residential} to either C-T (light commercial), C-2 {general
commercia1), C-C (community commercial), N-C (neighborhood
commercial) or H-C (highway commercial) for property having frontage
on East Avenue located east of Cohasset road and west of Ceres
Avenue, Chico (File 84-70 B&D). (CONTINUED CLOSED TO NOVEMBER 19,
1985') Page 170
October 15, 1985
Closed hearings
85-bb6 1. Butte County planning Commission - proposed negative declaration
{1157) regarding environmental impact, General plan amendment from high
density residential to commercial and rezone from R-4 (maximum
density residential restricted service) and S-R {suburban
residential) to either C-1 (light commerciaT), C-2 (general
commercial}, C-C (community commercial}, N-C {neighborhood
commercial} or H-C (highway commercial} for property having frontage
on East Avenue located east of Cohasset road and west of Ceres
Avenue, Chico (File 84--70 B&D) {from previous minute order).
2. Closed hearing - Eugene B. Even - proposed negative declaration
regarding environmental impact, General Plan amendment from public
to agricultural residential on 35 acres and rezone from P-Q
(public - quasi-public) and TM-20 (timber mountain - 20 acre
parcels) to TM-.5 (timber mountain -- 5 acre parcels) for property
located on both sides of Coutolenc Road, 2-1/2 mires north of
Magalia (from 10/1/85).
3. Closed hearing - Betty Simpson - proposed negative declaration
regarding environmental impact, General plan amendment from grazing
and open land to agricultural residential, rezone from A-2
(general), S-H (scenic highway), and PUD (planned unit development)
to allow a 25-unit residential development to PUD (planned unit
development) to allow a 54-unit residential development including
approximately 10 acres of sewage disposal facilities including
a pond and wastewater irrigation area, and consideration of
tentative subdivision map on property located on the west side
of Pentz-Magalia Highway, approximately one mile north of Messilla
Valley Raad, identified as AP 47-03-115 and AP 47-47-93, south
of Paradise (83-308) (from 10/1/85).
Plotion: ADOPTED RESOLUTION
U5E MAP, PARADISE
LAND USE MAP OF
GENERAL PLAN.
S M
Vote: 1 Y 2 N 3 Y
85-168 AMENDING THE CHICD AREA LAND
AREA LAND USE MAP AND BUTTE COUNTY
THE LAND USE ELEMENT OF BUTTE COUNTY
4 N 5 Y {Motion carried)
Motion: FOUND THAT THE REQUIREMENTS OF CEQA HAVE BEEN COMPLETED
AND CONSIDERED AND ADOPTED A MITIGATED NEGATIVE
DECLARATION; FOUND THAT THE PROPOSED PROJECT SUBSTANTIALLY
COMPLIES WITH THE GENERAL PLAN POLICIES; ADOPTED
ORDINANCE 2A~94 REZONING TO PUD THAT PROPERTY IDENTIFIED
AS AP 41-03--115 AND 41-47-93, BETTY SIMPSON, LIME SADDLE
ESTATES, SUBJECT TO THE MITIGATION MEASURES AND CONDITIONS
IN PLANNING DEPARTMENT MEMO TD THE BOARD DATED
SEPTEMBER I7, 1985.
S M
Vote: l Y 2 N 3 Y 4 N 5 Y (Motion carried)
Page 171
October I5, 1985
85-666
(Cont'd) Motion: FOUND THE REQUIREMENTS OF CEQA HAVE BEEN COMPLETED AND
CONSIDERED AND ADOPTED A MITIGATED NEGATIVE DECLARATION;
FOUND THE THE REZONE COMPLIES WITH THE ZONING FACTORS
ON PAGE 48 AND 49 OF THE BUTTE COUNTY GENERAL PLAN LAND
USE ELEMENT; ADOPTED ORDINANCE 2495 REZONING AP 58-10-02
TO TM-5, 35 ACRES, AND THAT PORTION OF AP 58-TO-106 WEST
OF THE BLUFF LINE ESTABLISHED BY 3O° SLOPE AND THAT NOW
HAS AN AGRICULTURAL RESIDENTIAL LAND USE DESIGNATION TO
TM-5, 15f ACRES; ADOPTED RESOLUTION 85-169 APPROVING
AN AGREEMENT WITH EUGENE B. EVEN, ET AL.
S M
Vote: l Y 2 Y 3 Y 4 N 5 Y (Motion carried)
(REZONE ON ITEM #1 CONTINUED TO NOVEMBER 79, 1985}
itegular Agenda
85-667 Veterans i+lemorial Hali custodians (Supervisor Fulton),
(1431}
Motion: RESTORED THE CUSTODIAN, RREVIOUSLY REMOVED, FOR THE REST
OF THE FISCAL YEAR.
S M
Vote: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
85-668 Report of Board of Supervisors Committee regarding appointments
to Financial Stability Commission. (RECRUITMENT EXTENDED FOR
ONE MONTH. TTEM TO BE LISTED ON AGENDA OF NOVEMBER 19, 1985.}
85-669 Consideration of report by Board Committee on Economic Development
(1913} Policy. (CONTINUED TO NOVEMBER 5, 1985.)
85-670 Report on State Water Contractors meeting of October 22, 1985
(1857) in Los Angeles.
Motion: AUTHORIZED A MEMBER OF WATER COMMISSION AND COUNTY COUNSEL
TO ATTEND.
5 M
Vote: 1 Y 2Y 3Y 4Y 5Y
Amended motion: AUTHORIZED A MEMBER OF WATER COMMTSSION AND MEMBER
OF ADMINISTRATIVE OFFICE TO ATTEND.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Page 172
October 75, 1985
85-671 Appointment of Board of Supervisors` representatives to the Local
{2036) Agency Formation Commission.
Motion: APPOINTED SUPERVISOR WHEELER AS MEMBER AND
SUPERVISOR McINTURF' AS ALTERNATE.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
85-672 Report of Chief Administrative Officer on committee vacancies.
(ACCEPTED FOR INFORMATION.)
(SUPERVISOR DOLAN AND CHAIRMAN FULTON ABSENT AT THIS TIME,}
85-673 Report of Air Pollution Control Officer concerning complaint of
Mrs. Erna Hawkins relating to body shop on East Lassen Avenue,
Chico.
Motion: REFERRED TO COUNTY COUNSEL TO REVIEW FILES TO 5EE IF
A NUISANCE FACTOR CAN BE PURSUED, AND REPORT BACK TO
THE BOARD IN THIRTY DAYS. DIRECTED COUNTY COUNSEL TO
SEND COPY OF FTNDTNGS TO MR. & MRS. HAWKINS.
M S
Vote: l Y 2 AB 3 Y 4 Y 5 AB (Motion carried)
Recess: 4:40 p.m.
Reconvene: 4:45 p.m.
(SUPERVISOR DOLAN PRESENT AT THIS TIME, AND RECONVENED MEETING
IN THE ABSENCE OF THE CHAIRMAN AND VICE-CHAIRMAN.}
{SUPERVISOR McLAUGHLIN ABSENT AT THIS TIME.)
85-674 Additional items from Board members.
(2537}
1. Supervisor Wheeler advised the Board that she would be attending
CSAC Water Task Force meeting an Friday and would be supporting
a 2/3 vote, rather than a majority, on the watershed protection
statute for the county of origin.
2. Supervisor Wheeler asked that the Soard invite Edwin Barnes,
Department of Water Resources, to visit the next Board meeting
to make a presentation on wildlife improvement study around the
Thermalito Afterbay.
Page 173
October 15, 1985